Ohio Code 3717.43 – Application for license or renewal required – temporary license – limitations, display
(A) Each person or government entity requesting a food service operation license or the renewal of a license shall apply to the appropriate licensor on a form provided by the licensor. Licensors shall use a form prescribed and furnished to the licensor by the director of health or a form prescribed by the licensor that has been approved by the director. The applicant shall include with the application all information necessary for the licensor to process the application, as requested by the licensor.
Terms Used In Ohio Code 3717.43
- Catering food service operation: means a food service operation where food is prepared for serving at a function or event held at an off-premises site, for a charge determined on a per-function or per-event basis. See Ohio Code 3717.01
- Food: includes ice, water or any other beverage, food ingredients, and chewing gum. See Ohio Code 3717.01
- Food service operation: means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. See Ohio Code 3717.01
- Government entity: means this state, a political subdivision of this state, another state, or a political subdivision or other local government body of another state. See Ohio Code 3717.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensing period: means the first day of March to the last day of February of the next succeeding year. See Ohio Code 3717.01
- Licensor: means one of the following:
(1) A board of health approved under section 3717. See Ohio Code 3717.01
- Mobile food service operation: includes a food service operation that does not remain at any one location for more than forty consecutive days and serves, in a manner consistent with division (F) of this section, only frozen desserts; beverages, nuts, popcorn, candy, or similar confections; bakery products identified in section 911. See Ohio Code 3717.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Prepared: means any action that affects a food, including receiving and maintaining it at the temperature at which it was received. See Ohio Code 3717.01
- Seasonal food service operation: means a food service operation, other than a mobile food service operation, that is operated for not more than six months in a licensing period. See Ohio Code 3717.01
- served: means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and "prepared" means any action that affects a food other than receiving or maintaining it at the temperature at which it was received. See Ohio Code 3717.01
- state: means the state of Ohio. See Ohio Code 1.59
- Temporary food service operation: means a food service operation that is operated at an event for not more than five consecutive days, except when operated for more than five consecutive days pursuant to division (E)(2) of section 3717. See Ohio Code 3717.01
An application for a food service operation license, other than an application for a mobile or catering food service operation license, shall be submitted to the licensor for the health district in which the food service operation is located. An application for a mobile food service operation license shall be submitted to the licensor for the health district in which the applicant’s business headquarters are located, or, if the headquarters are located outside this state, to the licensor for the district where the applicant will first operate in this state. An application for a catering food service operation license shall be submitted to the licensor for the district where the applicant’s base of operation is located.
(B) The licensor shall review all applications received. The licensor shall issue a license for a new food service operation when the applicant submits a complete application and the licensor determines that the applicant meets all other requirements of this chapter and the rules adopted under it for receiving the license. The licensor shall issue a renewed license on receipt of a complete renewal application.
The licensor shall issue licenses for food service operations on forms prescribed and furnished by the director of health. If the license is for a mobile food service operation, the licensor shall post the operation’s layout, equipment, and menu on the back of the license.
A mobile or catering food service operation license issued by one licensor shall be recognized by all other licensors in this state.
(C)(1) A food service operation license expires at the end of the licensing period for which the license is issued, except as follows:
(a) A license issued to a new food service operation after the first day of December shall not expire until the end of the licensing period next succeeding issuance of the license.
(b) A temporary food service operation license expires at the end of the period for which it is issued.
(2) All food service operation licenses remain valid until they are scheduled to expire unless earlier suspended or revoked under section 3717.49 of the Revised Code.
(D) A food service operation license may be renewed, except that a temporary food service operation license is not renewable. A person or government entity seeking license renewal shall submit an application for renewal to the licensor not later than the first day of March, except that in the case of a mobile or seasonal food service operation the renewal application shall be submitted before commencing operation in a new licensing period. A licensor may renew a license prior to the first day of March or the first day of operation in a new licensing period, but not before the first day of February immediately preceding the licensing period for which the license is being renewed.
If a renewal application is not filed with the licensor or postmarked on or before the first day of March or, in the case of a mobile or seasonal food service operation, the first day of operation in a new licensing period, the licensor shall assess a penalty if the licensor charges a license renewal fee. The amount of the penalty shall be twenty-five per cent of the renewal fee,. If an applicant is subject to a penalty, the licensor shall not renew the license until the applicant pays the penalty.
(E)(1) A licensor may issue not more than ten temporary food service operation licenses per licensing period to the same person or government entity to operate at different events within the licensor’s jurisdiction. For each particular event, a licensor may issue only one temporary food service operation license to the same person or government entity.
(2) A licensor may issue a temporary food service operation license to operate for more than five consecutive days if both of the following apply:
(a) The operation will be operated at an event organized by a county agricultural society or independent agricultural society organized under Chapter 1711 of the Revised Code;
(b) The person who will receive the license is a resident of the county or one of the counties for which the agricultural society was organized.
(3) A person may be granted only one temporary food service operation license per licensing period pursuant to division (E)(2) of this section.
(F) The licensor may place restrictions or conditions on a food service operation license limiting the types of food that may be prepared or served by the food service operation based on the equipment or facilities of the food service operation. Limitations pertaining to a mobile or catering food service operation shall be posted on the back of the license.
(G) The person or government entity holding a license for a food service operation shall display the license for that food service operation at all times at the licensed location. A person or government entity holding a catering food service operation license shall also maintain a copy of the license at each catered event.
(H) With the assistance of the department of health, the licensor, to the extent practicable, shall computerize the process for licensing food service operations.